As per the Delhi High Court, Municipal Corporations cannot emphasize over an NOC (No Objection Certificate) from remaining floor owners if one of them is getting an additional floor constructed.
The Delhi High Court had repeatedly stated that asking for these NOCs is completely baseless in situations where a partition of the property has been done and one of the floor owners want to develop additional floor on top.
A bench with members as Justice Anu Malhotra and Chief Justice Gita Mittal crushed the instruction of the North Delhi Municipal Corporation where it had declined a request for sanctioning of an additional floor construction plan on the terrace by the owners of first floor of a house only on the basis that they did not have an NOC given by the owners of ground floor.
As per the observations of the bench, the claimants, who are the co-owners of the house where the construction of an additional floor will take place, had applied for a sanction of the same. The bench made it clear that in these cases, it is not mandatory to show NOCs from other floor owners.
Giving the claimants a relief, the bench has clearly said that the municipal authorities have to concentrate on the fact that the construction that will be carried out should abide by every municipal law laid down.
The North Corporation has been asked to reconsider the requests of the floor owners and the court has quoted a single judge order that says, “Principal purpose for framing building by-laws is to ensure that the buildings are constructed in conformity with the norms and parameters stipulated for planned development.”